This submission to the Inquiry by Families Australia focuses on how racism towards First Nations children, young people and their families is reproduced through systems, policy settings, service design and institutional decision-making and how these factors drive reporting to, and shape responses within, child protection and out-of-home care systems. The central position is that racism directed at First Nations people cannot be addressed through individual behaviour change alone.
Instead, addressing racism requires structural reform, system change and clear accountability across child protection and out-of-home care systems. In addition to the transfer of power, resources and decision-making authority to First Nations people, communities and Aboriginal and Torres Strait Islander community-controlled organisations aligned to the Priority Reforms in the National Agreement on Closing the Gap.
Families Australia makes the following recommendations to the Inquiry, aimed at addressing the root causes of the structural and systemic racism that contributes to the disproportionate reporting of First Nations children to child protection systems and overrepresentation in out-of-home care systems, racial bias within these systems, and inadequate provision of services to First Nations children in out-of-home care:
- Legislative statements of recognition of the role and ongoing impacts of child protection systems in colonisation and the forced removals of first nations children
- Develop and trial formal guidance and culturally informed referral pathways for professionals as an alternative to child protection reporting, where appropriate
- Independent review of child protection process, decision-making tools, complaint and oversight mechanisms
- Develop nationally consistent frameworks, standardised definitions, data capture and reporting of the Aboriginal and Torres Strait Islander child placement principle
- Upholding the rights of First Nations children and young people in out-of-home care to health care
- A corporate parenting framework for children and young people in out-of-home care
- Equitable support for statutory kinship carers and the children and young people in their care
In summary, combating the prevalence, impact and individual and collective harm of racism toward First Nations people, evidenced by the persistent overrepresentation of First Nations children in out-of-home care, requires action to drive systemic change in the reporting practices to, and the operation of, child protection and out-of-home care systems.